16 NCAC 06E .0107          School Violence Acts Defined and the Annual Report of these Crimes

(a)  Local Education Agencies (LEAs) shall report the following crimes and offenses within five school days to the Department of Public Instruction:

(1)           Homicide as defined in G.S. 14-17 and 14-18;

(2)           Assault resulting in serious personal injury as defined in G.S. 14-32.4;

(3)           Assault involving the use of a weapon as defined in G.S. 14-32 through 14-34.10;

(4)           Rape as defined in G.S. 14-27.21 through 14 -27.25;

(5)           Sexual offense as defined in G.S 14-27.26 through 14-27.30;

(6)           Sexual activity, battery, contact and penetration under pretext of medical treatment as defined in G.S. 14-31 through 33;

(7)           Kidnapping as defined in G.S. 14-39;

(8)           Robbery with a dangerous weapon as defined in G.S. 14-87;

(9)           Indecent liberties with a minor as defined in G.S. 14-202.1, 14-202.2 and 14-202.4;

(10)         Assault with a firearm or powerful explosive as defined in G.S. 14-34 through 14-34.10 and 14-49 through 14-50.1;

(11)         Robbery with a firearm or dangerous explosive as defined in G.S. 14-87;

(12)         Willfully burning a school building as defined in G.S. 14-60;

(13)         Making bomb threats or engaging in bomb hoaxes as defined in G.S. 14-69.2;

(14)         Assault on school officials, employees, and volunteers as defined in G.S. 14-33(c)(6);

(15)         Possession of a controlled substance in violation of the law as defined in G.S. 90-86 through 90-113.8;

(16)         Possession of a weapon on campus or other educational property in violation of G.S. 14-269.2;

(17)         Unlawful, underage sales, purchase, provision, possession, or consumption of alcoholic beverages as defined in G.S. 18B-302;

(18)         Assault as defined in G.S. 14-33 but not resulting in an injury as severe as defined in G.S. 14-32.4;

(19)         Fighting, or affray as defined in G.S. 14-33;

(20)         Gang activity as defined in G.S. 14-50.17, 14-50.19 and 14-50.20;

(21)         Robbery as defined in G.S. 14-87, but without the use of a dangerous weapon;

(22)         Extortion as defined in G.S. 14-118.4;

(23)         Communicating threats in violation of G.S. 14-277.1;

(24)         Possession or use of tobacco products as defined in G.S. 14-313;

(25)         Property damage as defined in G.S. 115C-398;

(26)         Bullying or harassing behavior prohibited under policies adopted under G.S. 115C- 407.16;

(27)         Cyberbullying as defined in G.S. 14-458.1 and 14-458.2;

(28)         Verbal harassment as defined in G.S. 115C-407.15;

(29)         Sexual harassment as defined in G.S. 115C-335.5; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e;

(30)         Discrimination as defined in Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-1688; Americans with Disabilities Act, 42 U.S.C. 12101.

(b)  These offenses shall be reported when they occur under the following conditions and circumstances:

(1)           on school property, defined as any public school building, bus, public school campus, grounds, recreational area, or athletic field in the charge of the principal; or

(2)           off school property on a school-sponsored field trip.

History Note:        G.S. 115C-12(18), (21); 115C-288(g);

Emergency Adoption Eff. August 20, 2019;

Eff. December 1, 2020.